Intellectual Property

  • September 24, 2024

    11th Circ. Rejects Atty Fees In Roller-Coaster IP Dispute

    The Eleventh Circuit on Tuesday shot down an attempt by attorneys to collect fees after securing a partial win in an intellectual property dispute related to a roller-coaster project in Dubai.

  • September 24, 2024

    Firms Allowed To Exit IP Case After Gaining Philips' Consent

    A North Carolina federal judge allowed Dentons and Morningstar Law Group to withdraw as Transtate Equipment Co. Inc.'s counsel in a copyright and unfair competition case, after a stipulation was struck with opposing attorneys representing a Dutch health technology conglomerate that initially scoffed at the request.

  • September 24, 2024

    Entertainment IP Veteran Joins Saul Ewing In New York

    Saul Ewing LLP announced Tuesday that a longtime intellectual property attorney with over 30 years of experience representing clients in matters related to advertising and branding has joined the firm's New York office as a partner.

  • September 24, 2024

    Conn. Judge Sends Law Firm's Trade Secrets Case To Fla.

    A Connecticut boutique law firm must go to Florida if it wants to continue pursuing its trade secrets case against a consultant it accused of making off with some of its confidential information because the Constitution State is an improper venue, a federal judge has ruled.

  • September 24, 2024

    Jones Day Adds Ex-Samsung Senior Legal Counsel In NY

    Jones Day has hired an of counsel for its New York-based intellectual property practice who has previous experience working with Samsung as a senior legal counsel and is joining Jones Day from a South Korea-based general practice firm.

  • September 23, 2024

    Reggie Bush Says USC, NCAA, Pac-12 Exploited His Image

    Former University of Southern California star running back Reggie Bush on Monday accused his alma mater, as well as the NCAA and the Pac-12 Conference, of profiting off his name, image and likeness without ever compensating him in return, according to a suit filed in California state court.

  • September 23, 2024

    Prolific Patent Filer Says 'Prosecution Laches Does Not Exist'

    A prolific filer of patents told the Federal Circuit on Monday that a legal doctrine created by the courts to punish filers for deliberately delaying applications "does not exist" under current laws.

  • September 23, 2024

    Coinbase Brings On Ex-Citadel Legal Chief With SEC Chops

    Coinbase announced on Monday it has hired Ryan VanGrack to serve as its vice president of legal, where he will be overseeing civil litigation, regulatory probes, employment and intellectual property matters for the crypto exchange after spending seven years with Citadel Securities as general counsel.

  • September 23, 2024

    Fed. Circ. Won't Revive Qualcomm Power Amplifier Patent

    The Federal Circuit on Monday opted to leave unchanged a handful of rulings from the Patent Trial and Appeal Board involving a Qualcomm patent that was challenged by Intel.

  • September 23, 2024

    Starbucks Wins At 9th Circ. In 'S'mores' Lip Gloss IP Theft Suit

    The Ninth Circuit on Monday refused to revive lip balm company Balmuccino's claims that Starbucks breached an implied contract and misappropriated trade secrets by stealing its idea for coffee-flavored "S'mores Frappuccino" lip gloss, agreeing with the lower court's order that Balmuccino's claims were filed too late.

  • September 23, 2024

    Oracle Wins $58M In Atty Fees In Software Copyright Suit

    Attorneys representing Oracle in its long-running software copyright battle with Rimini Street Inc. were awarded $58 million in fees Monday by a Nevada federal judge who called the tech giant's $69 million request "slightly excessive."

  • September 23, 2024

    GSK Claims Pfizer Hasn't Proven Misconduct In Vax IP Fight

    GlaxoSmithKline is urging a Delaware federal judge to block Pfizer and BioNTech's claims that it has misused its patents tied to COVID-19 vaccination technology, or that it and a predecessor acted inappropriately when applying for those patents.

  • September 23, 2024

    Fed. Circ. OKs Novartis Loss In Eye Syringe Patent Feud

    The Federal Circuit has backed a Patent Trial and Appeal Board finding that more than two dozen claims in a Novartis pre-filled eye injection syringe patent weren't patentable.

  • September 23, 2024

    PNC, Plaid End Legal Battle With Customer Data-Sharing Deal

    PNC Financial Services Group and Plaid have reached an agreement to end nearly four years of trademark litigation that allows PNC customers to use Plaid to share their financial data with fintech companies like Venmo and Cash App.

  • September 23, 2024

    Ex-Iowa Lawmaker Takes 'Success Kid' Meme Row To Justices

    Former Iowa Rep. Steve King has told the U.S. Supreme Court that the mother of the widely memed "Success Kid" engaged in "lawfare" by taking a copyright case against the controversial former politician to trial and ultimately obtaining $750 in damages.

  • September 23, 2024

    Jury Finds MGA Owes T.I. $71.4M For Ripping Off IP With Dolls

    A California federal jury handed rapper T.I. a victory Monday in the third trial over his claims against MGA Entertainment, awarding his side more than $71.4 million in compensatory and punitive damages for infringing the trade dress and publicity rights of the OMG Girlz pop group he co-owns with seven of MGA's O.M.G. dolls.

  • September 23, 2024

    Cancer Test Cos. Strike Deal For Partial End To Patent Row

    Natera Inc. and Neogenomics Laboratories Inc. said they reached a confidential yet partial settlement Friday in their dispute covering intellectual property for a Natera DNA test meant to detect cancer.

  • September 23, 2024

    Mass. General Asks Court To End Fat Removal Patent License

    Massachusetts General Hospital is asking a judge to rule that a patent license agreement for a fat removal system it developed has been terminated, after the licensee allegedly defaulted on its payment obligations.

  • September 23, 2024

    Shkreli Told To Provide More Info On Wu-Tang Album Copies

    A Brooklyn federal judge on Monday ordered Martin Shkreli to update the court on how many tracks he copied from a one-of-a-kind Wu-Tang Clan album after the cryptocurrency group that now owns the work argued Shkreli could be holding out on surrendering all his copies amid the parties' legal battle.

  • September 20, 2024

    RV Co. Wins $5.5M Enhanced TM Damages, $1.3M Atty Fees

    Forest River can collect enhanced damages after a jury determined inTech Trailers infringed its mountain design trademarks on recreational vehicles, an Indiana federal judge ruled Thursday, increasing the award from $2 million to more than $5.5 million to make sure inTech does not profit from its infringement.

  • September 20, 2024

    JBS Unit Owns Abandoned 'Pollo Picú' TM, 1st Circ. Says

    JBS USA unit To-Ricos Ltd. has the right to use the "Pollo Picú" trademark in its sale of poultry products, the First Circuit ruled Thursday, finding that the poultry company established that the mark had been abandoned by the previous trademark owner.

  • September 20, 2024

    House To Weigh Patent Bill Aimed At Cutting Drug Prices

    The U.S. House of Representatives is expected to consider a bill soon that has already cleared the Senate and could streamline patent litigation by curbing the number of patents that makers of biologic drugs can assert over biosimilar drugs.

  • September 20, 2024

    Hyundai Says Startup Can't Sue In Calif. Over Trade Secrets

    South Korea-based Hyundai urged a California federal judge on Friday to toss a lawsuit alleging it stole a North Carolina startup's electric vehicle battery material technology, saying a contract inked by a Silicon Valley Hyundai office doesn't give the district court in California jurisdiction over the matter.

  • September 20, 2024

    ITC Has Been Launching Fewer Section 337 Investigations

    Intellectual property activity at the U.S. International Trade Commission has "decreased somewhat," the agency said in a report Friday.

  • September 20, 2024

    Baby Biz Can't Get Fees After Beating Shampoo Pitcher IP Suit

    A Louisiana federal judge said a 7-year-old fight over baby products "was a hard-fought patent case," rejecting efforts from a Louisiana company to obtain nearly $2 million in legal fees from a Kansas inventor of a pitcher for rinsing out shampoo.

Expert Analysis

  • Boeing Ruling Is A Cautionary Tale For Trade Secret Litigants

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    A Washington federal court’s recent ruling canceling a $72 million jury award against Boeing because Zunum Aero had failed to properly identify its trade secrets highlights the value of an early statement of alleged secrets, amended through discovery and used as a framework at trial, says Matthew D'Amore at Cornell.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Series

    After Chevron: Courts Will Still Defer To Feds On Nat'l Security

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    Agencies with trade responsibilities may be less affected by Chevron’s demise because of the special deference courts have shown when hearing international trade cases involving national security, foreign policy or the president’s constitutional authority to direct such matters, say attorneys at Venable.

  • A Look At The Economic Impact Of Drug Patent Differentiation

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    Given the Federal Trade Commission’s recent emphasis on unfair competition based on disputed patent listings, pharmaceutical market participants are likely to require nuanced characterizations of actual and but-for market competition when multiple patents differentiate multiple products, say economists at Competition Dynamics.

  • Google And The Next Frontier Of Divestiture Antitrust Remedy

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    The possibility of a large-scale divestiture in the Google search case comes on the heels of recent requests of business breakups as remedies for anticompetitive conduct, and companies should prepare for the likelihood that courts may impose divestiture remedies in the event of a liability finding, say Lauren Weinstein and Nathaniel Rubin at MoloLamken.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • Defamation Law Changes May Be Brewing At Supreme Court

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    The U.S. Supreme Court's significant rightward shift has produced dramatic changes in many areas of the law, and the long-standing "actual malice" standard protecting speech about public figures could be the next precedent to fall, say attorneys at Paul Hastings.

  • Exploring Practical Employer Alternatives To Noncompetes

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    With the Federal Trade Commission likely to appeal a federal court’s recent rejection of its noncompete ban, and more states limiting the enforceability of these agreements, employers should consider back-to-basics methods for protecting their business interests and safeguarding sensitive information, says Brendan Horgan at FordHarrison.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Breaking Down Director Review Timing At The PTAB

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    Attorneys at Fish & Richardson examine the complexities of director review of a Patent Trial and Appeal Board ruling, including timelines for requests and decisions, and how these factors influence related district court cases.

  • Calif. Bill, NTIA Report Illustrate Open-Model AI Safety Debate

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    The National Telecommunications and Information Administration’s balanced recommendations for preventing misuse of open artificial intelligence models, contrasted with a more aggressive California bill, demonstrate an evolving regulatory debate about balancing democratic access to this powerful new technology against potential risks to the public, say Stuart Meyer and Fredrick Tsang at Fenwick.

  • Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

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    The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

  • Patent Lessons From 4 Federal Circuit Reversals In July

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    The Federal Circuit’s July reversal of four cases, all of which were Patent Trial and Appeal Board decisions, highlights lessons for patent practitioners regarding the scope of estoppel provisions, potential issues with obtaining certain substitute claims, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Video Game Release Highlights TM Pitfalls Of App Store

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    The upcoming release of poker video game Balatro in Apple's App Store underscores the tradeoff of keyword advertising and trademark protection for indie developers who, unlike corporate counterparts, lack resources but seek to maximize the reach of their game, say Parmida Enkeshafi and Simon Pulman at Pryor Cashman.

  • 5 Credibility Lessons Trial Attys Can Learn From Harris' Run

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    In launching a late-stage campaign for president, Vice President Kamala Harris must seize upon fresh attention from voters to establish, or reestablish, credibility — a challenge that parallels and provides takeaways for trial attorneys, says Ken Broda-Bahm at Persuasion Strategies.

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